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ARTICLE · 04 FEBRUARY 2021

About Face?: Bulk Power System Executive Order Suspended For 90 Days

Morrison Foerster
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On January 15, 2021, the Department of Energy (DOE) stated that it intended to issue a notice of proposed rulemaking later this year as directed under the May 2020 Executive Order on Securing the United States Bulk-Power System.

United StatesEnergy and Natural Resources

On January 15, 2021, the Department of Energy (DOE) stated1 that it intended to issue a notice of proposed rulemaking later this year as directed under the May 2020 Executive Order on Securing the United States Bulk-Power System (BPS EO)2. Less than a week later (and with a new Federal Administration in power), the BPS EO has been suspended for at least 90 days. Although the ultimate fate of the BPS EO has not yet been determined, the action by the current Administration to suspend the BPS EO is a firm indication that this Administration will approach security issues in the energy supply chain differently from previous efforts.

President Biden issued the Executive Order Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (Climate EO)3 on January 20, 2021, with the goal of advancing "environmental justice." Among other things, the Climate EO suspends the BPS EO for 90 days, and directs the Secretary of Energy and the

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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